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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Banking, Identity Theft and White Collar Crime for Pennsylvania on
Q: What's the next step after police to you about being involved in credit card fraud investigation of $20.00

Accidental credit card fraud. I used someone else's credit card to make a purchase. I then tried to make another purchase with card and it didn't work. I tried to use the card again. The screen then said something about card being offline. I used a different card the for the purchase and... Read more »

Ellis B. Klein
Ellis B. Klein answered on Nov 24, 2020

Do NOT speak to the police without a warrant. More information is needed to give you advice. Did you know the person whose credit card it was? If not, you could be charged with felonies, including access device fraud, theft, identity theft. If you knew the person, if they say you did not nave... Read more »

1 Answer | Asked in Criminal Law and Communications Law for Pennsylvania on
Q: Can I legally record a motel clerk speaking to me at the front desk in Pennsylvania without getting permission?

Can I legally record a motel clerk speaking to me at the front desk in Pennsylvania without getting permission?

Gregory Scott Greenberg
Gregory Scott Greenberg answered on Nov 22, 2020

It depends on the laws in Pennsylvania and if this place is considered public. For example, in Florida there is a 2 party consent wire tap law. This means in FL, if you want to audio record an individual, you need their consent. Other states, like Georgia, have a 1 party consent law, which would... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Is it legal to have sexual relations with a 15 year old girl if the guy is 18 and her parents give permission?
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Nov 13, 2020

No. Her parents consent is meaningleas as minors are no longer considered chatels. Many a young man has ruined his life based on what you are describing.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Hello...i am being charged with a felony for stealing 2500 dollars over a period of a year from a house that i cleaned.

I am 45 years old with no record...will i go to prison?

Ellis B. Klein
Ellis B. Klein answered on Nov 9, 2020

Hello, I don’t think any attorney will be able to tell you over and Internet question and answer whether or not you will go to jail. What I can tell you is that a felony is a very serious offense and whether you go to jail depends upon many factors including the facts of the case and whether or... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: i received a summons for violation of section 2709 a 3 harrasement in pennsylvania. should i plead guilty?

i have 2 previous summarry harrasement convictions

Ellis B. Klein
Ellis B. Klein answered on Nov 7, 2020

You should do absolutely nothing until you speak with a lawyer who will evaluate your case once he or she has all of the facts. Good luck!

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Trying to find out if something is legal in state of Pa

I have been on probation since 2015, I recently got to summary offenses. My probation officer gave me three months house arrest in an extra two years probation. I'm trying to find out if that's legal to do or if I have a chance to fight this.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Oct 26, 2020

It depends on the fact of the case. If you are probation and violate they can sentence you accordingly. Nothing about your initial facts sounds any alarms. Unusual that you would get such a harsh sentence for summary violations. But if you already have been sentenced then you are in the clock... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My friend allowed me to stay at his place .he went 2 duel diagnosis center 4 help. If he has drugs in apt am I liable?
Elena Fast
Elena Fast answered on Oct 17, 2020

New York has a legal theory called "constructive possession." Under this legal theory, everyone inside the apartment can be charged with any illegal objects or substances. While the location of the drugs may influence whether the prosecutor chooses to charge you with the crime... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My 13 year old daughter was arrested for simple assault yesterday after an altercation involving another 13yr old girl.

My daughter Giana and her friends were hanging out at the park (Penn Treaty Park - near Girard Ave in the Fishtown neighborhood) . According to witnesses, a van pulled up with 4 people getting out - 2 teenage girls, 1 teenage boy & 1 adult female. (there was previous drama over social media... Read more »

Rich Maloumian Jr.
Rich Maloumian Jr. answered on Oct 13, 2020

Consulting with an experienced criminal defense attorney would be your best course of action with respect to defending your daughter. Pressing additional charges against others involved, including the adult, is within discretion of the District Attorney's Office. Good Luck!

1 Answer | Asked in Contracts and Criminal Law for Pennsylvania on
Q: How many Tattoo Artist and my old apprentice who quit unexpectedly He took some items that weren’t his

He quit without notice and when I asked for my items back he was reluctant to do them even give me grief about when I needed them

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Oct 10, 2020

I am not sure I see a question? Yiu could aue him for the items or report it to the police as a theft. The police usually dont like to get involved in business disputes but they might investigate further.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How long does Pennsylvania have to arraign someone in jail?

My boyfriend is on probation, so he caught a new charge, and is obviously now sitting in jail on probation violation, and new charges. He has not even been arraigned yet. Is that legal?

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Oct 4, 2020

I have to be honest, I am a little cobfused by your question. There are a few conflicts. I will give a general response.

When a person who is on probation geta new charges usually a bench warrant is issued from the department to arrest and detain the person. Almost always the PO puts...
Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My so called friend told me I could borrow his quad and then I got caught driving it and it’s impounded .Says I stole It

The police have told me I would be charged with theft and other citations waiting in mail due to running from police but there is no title for the quad at least in his name and he’s saying I stole it . Could I be charged with theft?

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Sep 19, 2020

Sure. They can charge you with theft if they have probable cause to believe that you took the vehicle without permission. Your flight could also be used against you as "consciousness of guilt." I am confused by yiur question about title... are you saying they stild the vehicle??... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can you be charged with theft of a vehicle By a perso who doesn’t have a titile?
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Sep 18, 2020

Depends on what you mean by "doesnt have a title." Importantly, unless they are a police offixer they cant charge you with a crime, they can accuse you and the police can charge you. This is an important distinction because they are just witnesses in the case. Most people who are... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How do I go about pressing charges against someone for abuse of a corpse

Pictures taken and placed on facebook of my mom in casket

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Sep 18, 2020

Call the police. Outside of that you can petition the DA to charge the matter. You, as a non lae enforcement entity cannot "press" charges on someone. Call the police or oerhaps talk to a civil attorney about suing them.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: my nephew got arrested for throwing rocks at a abandoned buding..and someone called the cops.now the owner of that build

wants to press charges, what rights does my 16 year old have at this point t

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Sep 10, 2020

The right to remain silent, the right to an attorney, if he cant afford one one will be provided. As he is a juvenile they are often routed to the public defender's office. He has the right to a trial where he can assert potential defenses (abandoned property and possibly others) and all of... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: What does it mean when I get a letter from adult probation that they closed interest in case with a civil judgement
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Sep 2, 2020

Means you still owe money. So in lieu of continuing to supervise you they referred your case to a collections agency. Can damage your credit and if you dont pay they can move to hold you in contempt but you wont have a PO looking over your shoulder.

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on
Q: My ex and I have no trespassing and no contact orders against each other. Can we still do theatre at the same place?

Our order is Title 18 Pa. C.S.A. 2709. We both are actors at the same theatre. Can we still both attend and act at this theatre?

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Sep 1, 2020

I am not sure how. No contact, as a condition of bail or otherwise means that if either of you did the other could report you. If its a condition of bail it could lead to bail being revoked. If its an order of court one or both could be held in contempt.

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Pennsylvania on
Q: I have questions about theft and drug cases I'm facing right now

would like to upload documents

Ellis B. Klein
Ellis B. Klein answered on Aug 20, 2020

The best thing to do is call experienced criminal defense attorneys and get a consultation. Most lawyers, including myself, give free consults over the phone, so start calling around! Good luck

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: How can someone get caught and charged with vandalism
Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Aug 19, 2020

Pretty easy actually, cameras are every where these days.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Pennsylvania on
Q: I allowed Law Enforcement to forward 1 email from my phone to himself. Can the emails be used against me in court?

Even though I only allowed one email to be forwarded, when he took my phone to put his email in he forwarded himself the whole conversation without my permission and without a warrent. Will that hold up in court. My worry is they will say I allowed all emails to be sent which is not true because... Read more »

Ellis B. Klein
Ellis B. Klein answered on Aug 8, 2020

Yes. Anything can be used against you. Do not speak with police without speaking with a lawyer.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Pennsylvania on
Q: If law enforcement only has proof of purchase of drugs through messages can you be found guilty from that alone?

Law enforcement has never had proof of physical drugs but they have messages that I bought them. Will that alone in court be able to convict me of possession? Messages were only to buy never sell or intent to sell.

Ellis B. Klein
Ellis B. Klein answered on Aug 8, 2020

It depends what you are charged with. If you are charged with possession, possibly no. Of you are charged with attempt or conspiracy, then maybe. Talk to an experienced criminal defense attorney who can examine your case to see of there is a defense. Good luck!

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